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This entry was published on 2014-09-22
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SECTION 216
Charters
Education (EDN) CHAPTER 16, TITLE 1, ARTICLE 5, PART 1
§ 216. Charters. Under such name, with such number of trustees or
other managers, and with such powers, privileges and duties, and subject
to such limitations and restrictions in all respects as the regents may
prescribe in conformity to law, they may, by an instrument under their
seal and recorded in their office, incorporate any university, college,
academy, library, museum, or other institution or association for the
promotion of science, literature, art, history or other department of
knowledge, or of education in any way, associations of teachers,
students, graduates of educational institutions, and other associations
whose approved purposes are, in whole or in part, of educational or
cultural value deemed worthy of recognition and encouragement by the
university. No school; college; university or other entity providing
post secondary education; library; or museum or historical society shall
be incorporated under the business corporation law, the not-for-profit
corporation law, or any other general law without the consent of the
commissioner or, in the case of a college or university, without the
written authorization of the Regents. Any other entity incorporated for
educational purposes may be formed under the business corporation law or
the not-for-profit corporation law without the consent of the
commissioner, provided that such institution or association submits a
certified copy of the certificate of incorporation to the commissioner
within thirty days after the corporation receives confirmation from the
department of state that the certificate has been accepted for filing.

No individual, association, partnership, company or corporation not
authorized by special charter from the legislature of this state or by
charter from the regents to operate a museum, or arboretum shall
knowingly use, advertise or transact business under the names "museum,"
or "arboretum," or any name, title or descriptive material indicating or
tending to imply that said individual, association, partnership, company
or corporation conducts, carries on, or is such a business when it is
not, or that it is authorized to operate as such, unless the right to do
so has been granted by the regents or the commissioner in writing. Any
violation of this paragraph shall be a misdemeanor. Notwithstanding any
other provision of this section, an individual, association,
partnership, company or corporation doing business under any of such
names on the effective date of this paragraph may come into compliance
with this paragraph by obtaining consent of the regents or the
commissioner within one year of such effective date.